Terms and Conditions
Certain Defined Terms.
As used in these terms and conditions (Terms of Service):
The Nuowave Digital Therapeutic App (DTx) for mild and moderate depression is intended by Healix Ventures (“Company”, “we,” “us,” or “our” ) to be made available to individuals from 15 to 55 years of age who: (a) have self-diagnozed and/or (b) have been diagnozed by doctors to have depression as an adjunct treatment for symptoms of depression.
DTx is a proprietory artificial intelligent driven innovation which aims to alleviate the symptoms of depression as the novel modality of treatment.
Company is a registered entity that owns and operates the website www.nuowave.com (the Site). Company and its partners also develop, operate, distribute and sell DTx, which is an application for mobile devices. The Site and DTx (which together describe the digital prescription therapies designed to improve health outcomes), and the data collection, storage, analysis and reporting tools, functions and relevant content, which are provided at the Site and/or via DTx, are collectively referred to as the Solution.
Company shall maintain the privacy of protected health information, to provide users-patients with notice of its legal duties and privacy practices with respect to protected health information, and to notify affected individuals following a breach of unsecured protected health information.
If you do not qualify for eligibility, then you are prohibited from downloading, accessing, using and registering for the DTx. We will not collect personally identifiable information from any person who is actually known to Us to be under the age of 15. If We become aware that a person under 15 has provided personally identifiable information, We will take steps to remove such information and terminate that individual’s account, access and use of the Solution.
Medical Disclaimers.
The DTx is intended only as an adjunct therapy to Healthcare SOLUTION provided by your HealthCare Provider, which can be used to assist you in managing your medical condition.
DTx is not a substitute for the care you receive from your Health Care Provider; therefore, you should continue to receive usual care from your Health Care Provider. If you have any questions regarding treatment, medications, or diagnosis, you should contact your Health Care Provider. Your refusal to accept these Terms of Service or to participate in the Solution will not affect your ability to obtain SOLUTION from your Health Care Provider.
The DTx is not intended for use in any emergency or urgent matter, nor is it monitored by any therapist, licensed medical professional or suicide prevention personnel
No Medical or Psychiatric Advice
COMPANY IS NOT A MEDICAL OR HEALTHCARE PROVIDER, AND WE DO NOT ENGAGE IN PATIENT DIAGNOSIS OR THE PRACTICE OF MEDICINE. THE CONTENT AND MEMBER CONTENT PRESENTED BY AND THROUGH THE SOLUTION ARE IN NO WAY INTENDED AS MEDICAL AND/OR PSYCHIATRIC ADVICE AND ARE NOT PROVIDED FOR THE PURPOSE OF DIAGNOSING MEDICAL AND/OR PSYCHIATRIC PROBLEMS OR CONDITIONS, NOR ARE THEY A SUBSTITUTE FOR MEDICAL AND/OR PSYCHIATRIC TREATMENT AND/OR THERAPY.
THE SOLUTION IS NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL. USE OF THE SOLUTION DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP.
EXCEPT IN THE CASE OF PRESCRIPTION DIGITAL THERAPEUTICS, CONTENT THAT IS MADE AVAILABLE BY AND THROUGH THE SOLUTION SHOULD BE DISCUSSED AND CONFIRMED WITH YOUR PHYSICIAN, PSYCHIATRIST, THERAPIST OR OTHER HEALTHCARE PROVIDER BEFORE ADOPTING ANY WELLNESS PROGRAM, EXERCISE PROGRAM, OR OTHER TREATMENT, WHETHER OFFERED ON THE SITE, THROUGH THE SOLUTION OR OTHERWISE.
USE OF THE SOLUTION IS AT YOUR OWN RISK AND DISCRETION.
INFORMATION AND STATEMENTS REGARDING SOME OF THE PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SOLUTION HAVE NOT BEEN EVALUATED BY THE RELEVANT BODIES.
Indemnification
You agree to indemnify and hold the Company, affiliates and partners, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, due to or arising out of your use of SOLUTION, your breach of the Agreement, or your Member Content, including without limitation any third-party claims of intellectual property infringement (collectively, “Your Indemnification Obligations”).
The provisions of this section are for the benefit of the Company and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties
THE SOLUTION AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SOLUTION ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT THE SOLUTION AND/OR ANY OTHER PRODUCTS AND/OR SOLUTION:
- WILL MEET YOUR NEEDS
- WILL BE UNINTERRUPTED, TIMELY, OR COMPLETELY SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED;
- WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SAME, OR AGAINST INFRINGEMENT; AND/OR
- WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME EXCEPT AS DESCRIBED IN THE SOLUTION OR PRODUCT.
THE SOLUTION AND/OR ANY OTHER PRODUCTS AND/OR SOLUTION MAY CONTAIN KNOWN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWILL, ANY MEMBERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SOLUTION AND/OR ANY OTHER TWILL PRODUCTS AND/OR SOLUTION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR:
- THE USE OR THE INABILITY TO USE THE SOLUTION AND/OR ANY OTHER RELEVANT PRODUCTS AND/OR SOLUTION;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SOLUTION RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER TWILL PRODUCTS AND/OR SOLUTION PURCHASED OR OBTAINED FROM OR THROUGH THE SOLUTION;
- THE FAILURE TO REALIZE ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND
- ANY OTHER MATTER RELATING TO THE SOLUTION AND/OR ANY OTHER PRODUCTS AND/OR SOLUTION
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TWILL FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF US TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SOLUTION AND/OR ANY OTHER TWILL PRODUCTS AND/OR SOLUTION MAY BE BROUGHT BY YOU OR TWILL MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. ACCESS TO THE SOLUTION AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SOLUTION WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Privacy
This Privacy Policy outlines what personal data The Company may collect about you and how The Company may use it. Company is a registered entity that owns and operates the website www.nuowave.com (the Site). Company and its partners also develop, operate, distribute and sell DTx, which is an application for mobile devices. The Site and DTx (which together describe the digital prescription therapies designed to improve health outcomes), and the data collection, storage, analysis and reporting tools, functions and relevant content, which are provided at the Site and/or via DTx, are collectively referred to as the Solution. The Company may change this Privacy Policy from time to time. Therefore, we ask you to revisit this Privacy Policy to ensure that you are aware of the most recent version.
Personal data
If we want to collect personally identifiable data through our website, we will be upfront about this. We will make it clear when we collect personal data and explain what we intend to do with the data.
The Company will, as controller of personal data, take appropriate measures to ensure that personal data processed is protected, relevant for its intended purpose, accurate, complete, and current. The Company will only process your personal data as long as required to fulfill the purposes for which the personal data was collected and to comply with applicable legislation.
The Company may process personal data provided to us:
• to ensure that website content is presented effectively to you and your device
• to conduct risk analysis, risk management, and prevent fraud, and
• to comply with applicable legislation and other legitimate interests.
Children´s privacy
This website is not intended for or designed to attract individuals under the age of 15. We do not knowingly collect personal data from any person under the age of 15.
International Transfer
Your personal data may be transferred outside the European Union/European Economic Area (EU/EEA) and your country of origin, including to countries or jurisdictions which do not provide the same level of data protection as your home country. Regardless of which country your personal data is held in it will be protected in line with our privacy and security policies.
Who Will Have Access To Your Personal Data?
Your personal data may be made available within The Company. We may also retain third-party providers, including providers outside the EU/EEA, to deliver services to us or perform functions on our behalf, for example providing technical support for the systems where your personal data is held.
Such third-party providers may be given access to your personal data only as needed and exclusively for the purpose of providing services to or performing functions on behalf of The Company.
The Company will require third parties to whom it discloses personal data to protect such data using standards substantially similar to those applied by The Company.
We may also disclose personal data in order to comply with our legal or regulatory obligations, in response to non-mandatory requests for information made by a governmental or state body, or as part of an investigation of unlawful activity.
If we sell or transfer a business unit (such as a subsidiary) or an asset (such as a website) to another company, we may share your personal data with such company and require such company to use and protect your personal data consistent with this Privacy Policy.
Third Party Resources
This website may contain links to third-party websites, content or services that are not owned or controlled by The Company. The Company is not responsible for how such third-party resources operate or treat your personal data. We recommend that you read the privacy policies and terms associated with such third-party resources carefully.
Visiting our website
We may use Google Analytics, an online web analytics service provided by Google Inc. (hereinafter “Google”), to collect standard internet log data and details of visitor behavior patterns. Google Analytics uses so-called “cookies”, which are stored in your computer and enable analysis of Internet use.
The log data is analyzed for technical and statistical purposes in order to correctly deliver and improve our website and its underlying functionality. The collection and use of such data is an inevitable aspect of providing and using websites. We do not obtain personal data by using Google Analytics and the log data provided to us will not allow you to be identified. Your full IP address will not be provided to The Company.
Further information about Google Analytics and data protection can be found here:http://tools.google.com/dlpage/gaoptout?hl=enresp. http://www.google.com/intl/en/analytics/privacyoverview.html.
This Site may use social media plugins to enable you to easily share information with others. When you visit our Site, the operator of the social media plugin that is on our Site can place a cookie on your computer, enabling that operator to recognize individuals on their website who have previously visited our Site. If you are logged into the social media website while browsing on this Site, social media plugins may allow that social media website to receive directly identifiable information about you that shows you have visited this Site. Social media plugins also allow the social media website to share information about your activities on this Site with other users of their social media website. The Company does not control any of the content from social media plugins. For more information about social plugins from social media websites, you should refer to those websites’ privacy and data sharing statements.
Your Data Protection Rights
You have the right to request from The Company information about the personal data processed about you and access to such personal data. You also have a right to request rectification of your personal data if this is incorrect and request erasure of your personal data. Further, you have a right to request restriction of the processing of your personal data meaning that you request The Company to limit its processing of your personal data under certain circumstances. There is also a right for you to object to the processing based on legitimate interest or processing for direct marketing. You have as well the right to data portability (transfer of your personal data to another controller) if The Company’s processing if your personal data is based on consent or contractual obligation and is automated.
You also have the right to lodge any complaints you may have regarding The Company’s processing of your personal data to a supervisory authority.
Security Policy
We use technical, administrative, and procedural measures in an attempt to safeguard your personal data and other information from unauthorized access or use. No such measure is ever 100% effective, so we do not guarantee that your personal data and other information will be secure from theft, loss, or unauthorized access or use, and we make no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such information.
If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by contacting us at privacy@nuowave.com.
We do not assume any liability for any loss or damage caused by technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.